skip to Main Content
Drugs – Supply And Trafficking

Drugs – Supply and Trafficking

Section 25 of the Drug Misuse and Trafficking Act says a person can be charged with deemed supply if it can be established there was an intention to sell the drugs, or if the amount is large—even though the drugs weren’t actually sold. Unless the charged person can prove otherwise, these factors are considered by the court to be outside the scope of personal use.

Supply can mean any of the following:

  • selling or distributing drugs
  • delivering drugs to another person
  • receiving drugs and being complicit in the supplying or storing of drugs for future circulation.

Table 1 shows how the court defines the quantities of prohibited drugs:

Table 1: Quantities

DrugSmall quantityDeemed trafficable quantityIndictable quantityCommercial quantityLarge quantity
amphetamine, cocaine, heroin1g3g5g250g1kg
cannabis plant5g300g1kg25kg100kg
cannabis leaf30g300g1kg25kg100kg
cannabis resin5g30g90g2.5kg10kg
Ecstasy (one pill=approx. 0.25g)0.25g0.75g1.25g125g0.5kg
LSD (DDU=discrete dosage unit)4 DDU15DDU25 DDU0.5g2g

 

Table 2 shows the penalties that apply according to the drug type and quantity:

 

Table 2: Penalties

QuantityDrugPenalty
smallVariousmaximum 2 years imprisonment and/or $5,500 fine
up to an indictable or deemed trafficable quantityVariousmaximum 2 years imprisonment and/or $11,000 fine
less than a commercial or indictable quantitycannabis leaf or plantmaximum 10 years imprisonment and/or $22,000 fine
commercial quantitycannabis leaf or plantmaximum 15 years imprisonment and/or $385,000 fine
large commercial quantitycannabis leaf or plantmaximum 20 years imprisonment and/or $550,000
less than a commercial or indictable quantityother than cannabis leaf or plant15 years imprisonment and/or $220,000 fine
commercial quantityother than cannabis leaf or plantmaximum 20 years imprisonment and $385,000 fine
large commercial quantityother than cannabis leaf or plantmaximum life imprisonment and/or $550,000 fine

 

Call our Criminal Law team for the best results on 02 4929 3995 or email  info@catherinehenrylawyers.com.au.

*The material provided in our information sheets is for general knowledge only and is not a substitute for independent legal advice. For further information about the issues affecting you, please contact one of our experienced and professional lawyers for expert advice.

Contact our Criminal Law team

  • This field is for validation purposes and should be left unchanged.

 

Back To Top
×Close search
Search